Tag: teachers

Can Litigation Save American Education?

Next week, the case of Vergara v. California goes to trial. The question being litigated is whether or not the state’s laws on teacher tenure (“permanent employment”), dismissals, and last-in-first-out layoffs disproportionately harm poor minority kids, thereby violating California’s constitution.

Plaintiffs in the case feel they have the evidence to prove this point (see the links above), and so far the courts have acknowledged that their view is at least plausible. Certainly these laws are incompatible with efforts to maximize the quality of the teaching workforce. And it does seem as though they do the most damage in districts and schools serving the most disadvantaged kids. But will a victory by the plaintiffs in this lawsuit do substantial and lasting good?

That’s less obvious. For one thing, these employment practices can be found in many places where they are not codified in state statutes.They are employment guarantees and benefits of the sort that are often sought and obtained by teachers’ unions in collective bargaining with districts. So getting rid of the laws won’t necessarily get rid of the practices.

More broadly, over a dozen states have explicit constitutional provisions demanding that they create “uniform” education systems—a more stringent equality requirement than is contained in California’s constitution—and it’s not at all obvious that this seemingly strict legal guarantee has made any difference in the quality of educational opportunity in those states.

It’s easy to empathize with the desire to see state legal precedents enforced, and bad laws overturned. But neither state constitutions nor legal precedents have been able to secure either the uniformity or the quality of American education systems, and there is no reason to expect that to change no matter how the Vergara case is decided. More than half a century after the victory in Brown v. Board of Education, poor African-American kids are  still disproportionately likely to be assigned to lousy schools. I wrote about this 11 years ago, and little has changed since then. Lawsuits can redress specific legal wrongs, like compelled segregation, but they can’t produce educational outcomes that require the coordination and relentless dedication of thousands or even millions of people, year after year.

For those who really want to maximize the quality of education offered to disadvantaged and minority students—indeed to all students—the best hope is to study the different sorts of education systems that have been tried around the world and across history, and then ensure universal access to the best among them: a free educational marketplace.

 

Class Size, Dropouts, & the Windy Atlantic

In Monday’s Wall Street Journal, I argued that America has too many public school employees, and has wasted those employees’ talents on a mass scale. Jordan Weissmann, an associate editor with The Atlantic, disagrees, accusing me of running “roughshod over a lot of important nuance.” As it happens, no nuances were injured in the composition of my piece.

Let’s consider Mr. Weissmann’s cruelty-to-nuance claims in turn. First, he feels that I ignored “significant evidence that smaller classrooms do indeed improve student performance,” citing two sources. The first source is an unsigned web-page by the “Center for Public Education” that is so biased in its selective coverage as to not be worth serious consideration. The second is a scholarly paper by Alan Krueger, author of one of the two best-known literature reviews of the subject.

What Weissmann doesn’t mention is the work of Eric Hanushek, author of the other best known literature review on class size. Krueger contends that class size reduction is usually educationally beneficial and cost effective, Hanushek argues the contrary on both points. It’s easy to compare their evidence and arguments because both contributed at length to the book: The Class Size Debate, published by the left-of-center Economic Policy Institute. It is a testament to how comfortable Hanushek is with the strength of his case vis-à-vis Krueger’s that he links to a full .pdf of that book from his own web pages at Stanford University. I understand why. When Hanushek looked at the most methodologically sound estimates—those that measure changes in student performance over time instead of at just a single point in time—he found that 89% show either no statistically significant advantage or a significant negative effect to smaller classes. To arrive at his opposing conclusion, Krueger had to, among other things, overweight the lower quality studies.

Hanushek’s conclusion is also more consistent than Krueger’s with the national U.S. data. The average American classroom has gotten substantially smaller over the past 40 years (by about 7 students) but achievement at the end of high-school is essentially flat. The only way to counter this evidence is to claim—usually without systematic basis—that children must be so much more difficult to teach today that the gains we would have seen from smaller classes have been eclipsed by this reduced “teachability.” The only systematic study of “teachability” trends of which I am aware does not support that claim—finding net “teachability” to have been mostly flat over time, with some improvement in the past decade.

Hanushek’s conclusion has also been supported by new, large-scale research, published after his and Krueger’s reviews. Harvard researchers Antonio Wendland and Matthew Chingos reported in 2010 that Florida’s state-wide class size reduction had “no discernible impact upon student achievement,” but has so far cost the state roughly $28 billion.

Some journalists are aware of the evidence that smaller classes generally do not improve outcomes. Consider, for example, this bit of reporting from last December:

Think of the ingredients that make for a good school. Small classes. Well-educated teachers. Plenty of funding. Combine, mix well, then bake. Turns out, your recipe would be horribly wrong, at least according to a new working paper out of Harvard…. The study comes courtesy of economist Roland Fryer, an academic heavyweight who was handed a MacArthur Foundation “genius award” earlier this year…. Fryer found that class size, per-pupil spending, and the number of teachers with certifications or advanced degrees had nothing to do with student test scores in language and math.

In fact, schools that poured in more resources actually got worse results.

Who is the astute journalist who wrote these words and from whom Jordan Weissmann could learn a few lessons? You guessed it… it was Jordan Weissmann, writing just seven months ago. How soon we forget.

Next, Weissmann claims that “dropout rates, for instance, have fallen by almost half since the 1970s.” Presumably he is unaware that this statement and the table he cites in support of it do not reflect reality. The “dropout rates” published in that NCES table are statistical fabrications of the nation’s education bureaucrats, looking to placate the public with the help of the remarkably credulous education media. You needn’t take my word for it. That is the finding of the left-leaning, Nobel-prize-winning, cited-by-President-Obama-with-approbation economist James Heckman. Heckman’s 2007 study, with Paul LaFontaine, is still the definitive work on the subject (though it was not the first to report the truth). Here is what Heckman and LaFontaine established through a painstaking analysis of the nation’s graduation data:

(a) the true high school graduation rate is substantially lower than the official rate issued by the National Center for Educational Statistics [the one cited by Weissmann]; (b) it has been declining over the past 40 years; (c) majority/minority graduation rate differentials are substantial and have not converged over the past 35 years; (d) the decline in high school graduation rates occurs among native populations and is not solely a consequence of increasing proportions of immigrants and minorities in American society;

They also note that the post-NCLB uptick in graduation rates probably does not imply a genuine improvement in educational outcomes:

NCLB gives schools strong incentives to raise graduation rates by any means possible. When monitoring was implemented in 2002, minority retention [a.k.a. “flunking”] dropped sharply and graduation rates turned upward, especially for minority groups. A similar pattern is observed following the publication of A Nation at Risk. Whether these represent real gains or are an indication of schools cheating the system in the face of political pressure remains an open question for future research, although the timing suggests strategic behavior [i.e., “cheating”].

The italics and the text in square brackets in the above quotations are mine.

The fact that public school systems report falsely rosy “dropout rates” is not a secret. Anyone who spends 60 seconds on Google will discover it. It’s even been reported in such popular media outlets as… Mr. Weissmann’s employer, The Atlantic. That page on the Atlantic’s website actually links to the very same Heckman and LaFontaine study I link to above. Heck, it’s even been mentioned in The New York Times (though they’ve managed to protect their most die-hard readers from cognitive dissonance by restricting coverage of these findings to David Brooks’ column).

Weissmann wraps up his blog post with a foray into the art of mind-reading:

I doubt Coulson truly believes we really have too many teachers in this country. He hints at so much in his last paragraph, writing, “While America may have too many teachers, the greater problem is that our state schools have squandered their talents on a mass scale.” Why the hedge? My guess is….

Kudos to any readers who correctly predicted that both Mr. Weissmann’s belief and his guess were wrong. The reason that I can make no certain statement about the ideal size of the U.S. education labor force is that no one can predict the allocation of human and capital resources that will occur in future in a free market. That said, there is reason to expect fewer teachers will be required under market conditions since our public school monopolies have been on a hiring spree 11 times faster than enrollment growth for forty years. Moreover, on-line learning and educational software options are only getting better and more numerous, and this should lessen demand for classroom teachers. Against those forces we have to consider that families may choose to invest some of the resulting savings from employing fewer classroom teachers in one-on-one tutoring, which is generally accepted as highly effective if, at present, too expensive to be much used.

One thing I can say with some certainty, based on the world-wide research literature comparing different sorts of school systems within countries, is that whatever particular allocation of teachers and capital resources the market arrives at will be more efficient than the gross, unproductive staffing bloat that has been perpetrated by state schooling. And, as I explained in that linked study, the existing small niche of non-profit private schools in the United States does not constitute a free education marketplace. A further explanation of the difference, should anyone find it necessary, can be found in this piece by economist John Merrifield.

To quickly correct some of Weissmann’s remaining errors: I am on record as not faulting teachers’ unions as the cause of our nation’s education woes. Their predations (e.g., contributing to the system’s demonstrably unproductive employment bloat) are a symptom, not the disease. And while some public school teachers are obviously overpaid, others have been equally obviously underpaid. The problem with public school teachers’ salaries at present is that they are allocated based on time-served and credentials (neither of which is consistently related to student achievement) rather than performance. Markets tend to compensate employees based on performance and so this problem, too, will likely be solved by liberalizing America’s education sector through programs like K-12 education tax credits.

This is probably all the time I will have to debunk the various flawed criticisms that were offered in response to my WSJ piece, so I thank Mr. Weissmann for conveniently collecting most of them in one place.

Obama vs. Romney on Public School Jobs

In a high-profile presser on the economy last Friday, President Obama’s central proposal was to hire more public employees. Then, in his weekly address, he argued that hiring more public school teachers would allow the U.S. to educate its way to prosperity. His Republican presidential rival, Governor Romney, has recommended precisely the opposite: reducing the size of government to boost private sector job growth–and he, too, mentions public school teachers. So… who’s right?

First, let’s look at public school employment and student enrollment over time.

As the chart makes clear, enrollment is only up 8.5% since 1970, whereas employment is up 96.2%. In other words, the public school workforce has grown 11 times faster than enrollment over the past 40 years. What difference does that make in economic terms? If we went back to the staff-to-student ratio we had in 1970, we’d be saving… $210 billion… annually.

Wait a minute, though! Research by economist Rick Hanushek and others has found that improved student achievement boosts economic growth. So if the 2.9 million extra public school employees we’ve hired since 1970 have improved achievement substantially, we might well be coming out ahead economically. So let’s look at those numbers…

Uh oh. Despite hiring nearly 3 million more people and spending a resulting $210 billion more every year, achievement near the end of high school has stagnated in math and reading and actually declined slightly in science since 1970. This chart also shows the cost of sending a student all the way through the K-12 system–the total cost per pupil of each graduating class from 1970 to the present. As you can see, on a per pupil basis, a K-12 education has gone from about $55,000 to about $150,000 in real, inflation-adjusted terms.

The implications of these charts are tragic: the public school monopoly is warehousing 3 million people in jobs that appear to have done nothing to improve student learning. Our K-12 government school system simply does not know how to harness the skills of our education workforce, and so is preventing these people from contributing to our economy while consuming massive quantities of tax dollars. So what would hiring even more people into that system do for our economy…

The Irony of the President’s STEM Initiatives

The media tide of the past two days has carried in a great flood of stories on science, technology, engineering and math (STEM) education. ABC, NBC, AP, Reuters, the Christian Science Monitor, Politico, the Detroit News, and others joined in. This torrent of attention is due to a White House science fair at which the president announced several initiatives to boost student achievement in those fields. Details are scant, but based on the administration’s press release it seems that $100 million or so would go to encourage particular kinds of teacher’s college programs. Various extracurricular STEM programs funded by non-profit foundations were also touted in the release.

The obvious irony in the president’s plan to tweak teachers’ college programs is that those programs are themselves a key part of the problem. The nation’s state school monopolies typically require most or all of their teachers to either have a degree from a government-approved college of education or to be pursuing such a degree during evenings and weekends. Few of those studying or working in STEM fields are willing to sit through a teachers’ college program—with good reason. Not only are these programs often pointless according to their own graduates, they are not associated with improved student performance. They are a requirement without a function–at least without a function that benefits students. The one thing they do accomplish is to erect a barrier to entry that protects incumbent teachers from competition, allows the specter of “teacher shortages” to be floated at regular intervals, and thus to justify above market wages [state school teachers receive compensation that is roughly $17,000 per year higher than their private sector counterparts].

As a result, many of the most promising teaching candidates in these fields are weeded out from the start. President Obama’s plans to “improve” this barrier to entry into the profession amounts to reupholstering the deck chairs on the sunken Titanic.

But how to ensure that only effective teachers lead the nation’s classrooms given that the government certification process is not just useless but counterproductive? Here, again, there is irony. Somehow, in the thousands of different fields in which scientists and engineers work every day, the competent are distinguished from the incompetent. And somehow, those who underperform are either helped to improve or cut loose to seek work in a field (or with an employer) to which their talents are better suited. It is ludicrous to suggest that managers can effectively evaluate the work of the scientists and engineers they employ in every field _except_ education.

The media would do us all a favor if they would look past the Obama administration’s marshmallow launcher for a moment and contemplate the effect that our massive barrier to entry into the teaching profession has on recruiting scientists and engineers.

Obama-Reid ‘Jobs’ Bill Soaked in Greece

A stated aim of the Obama-Reid jobs bill is to preserve the “competitive edge” that our “world-class” education system purportedly gives us. In an attempt to do that it would throw tens of billions of extra taxpayer dollars at public school employees.

A few problems with that: we’re not educationally world-class; we don’t have a competitive edge in k-12 education; and this bill would actually push the U.S. economy closer to a Greek-style economic disaster.

First, the belief that increasing public school employment helps students learn is demonstrably false. Over the past forty years, public school employment has grown 10 times faster than enrollment. If more teachers union jobs were going to boost student achievement, we’d have seen it by now. We haven’t. Achievement at the end of high school has been flat in reading and math and has declined in science over this period. I documented these facts the last time Democrats decided to stimulate their teachers union base, just one year and $10 billion ago.

So what has our public school hiring binge done for us? Since 1980, it has raised the cost of sending a child from Kindergarten through the 12th grade by $75,000 – doubling it to around $150,000, in 2009 dollars.

And what would going back to the staff-to-student ratio of 1980 do? It would save taxpayers over $140 billion annually.

But don’t those school employees need jobs? Of course they do. But we can’t afford to keep paying for millions of phony-baloney state jobs that have no impact on student learning. We need these men and women working in the productive sector of the economy – the free enterprise sector – so that they contribute to economic growth instead of being a fiscal anchor that drags us ever closer to the bottom of the Aegean. Freeing up the $140 billion currently squandered by the state schools would provide the resources to create those productive private sector jobs.

Continuing to tax the American people to sustain or even expand the current bloat, as Obama and Reid want to do, cripples our economic growth prospects by warehousing millions of potentially productive workers in unproductive jobs. The longer we do that, the slimmer our chances of economic recovery become. This Obama-Reid bill is such an incredibly bad idea, so obviously bad, that it is hard to imagine any remotely well-informed policymaker supporting it… unless, of course, they think the short term good will of public school employee unions is more important than the long-term prosperity of the American people.

Obama Jobs Plan to Push More K-12 Bloat?

In a recent interview, President Obama hints at the core of his much-anticipated jobs plan:

PRESIDENT OBAMA: what we do have, I think, is the capacity to do some things right now that would make a big difference …

TOM JOYNER: Like?

OBAMA: For example, putting people to work rebuilding our roads, our bridges, our schools all across America…

We’ve got the capacity right now to help local school districts make sure that they’re not laying off more teachers. We haven’t been as aggressive as we need to, both at the state and federal level.

So we haven’t been aggressive enough with our hiring at the K-12 level, hmm? Perhaps I’m an unusually timid sort, but the trend below looks pretty darn aggressive to me: k-12 employment has been growing 10 times faster than enrollment for forty years.

And the $300 billion question is: what impact has doubling the workforce had on the cost and performance of America’s public schools? According to federal government data, the answer is this:

We’ve nearly tripled the cost of sending a child all the way through the K-12 system, while performance near the end of high school has been stagnant (reading and math) or even declining (science). Just returning to the staff-to-student ratio of 1980 would save almost $150 billion annually—and somehow students weren’t performing noticeably differently in the ’80s than today.

And yet President Obama apparently wants more hiring and more spending. I wonder if voters will want more of President Obama if he indeed continues to flog the failed policies of the past two generations?

Due Process Stops at the Campus Gates?

People in the D.C. area maye be familiar with the tragic tale of Fairfax teacher Sean Lanigan, who was falsely accused of sexual molestation, resulting in termination and a destroyed reputation.  As pointed out by friend of Cato and Cato Supreme Court Review contributor Hans Bader, however, the Department of Education is pushing a policy that would allow for more Sean Lanigans, even in cases not involving anything close to rape or molestation:

If the U.S. Department of Education’s Office for Civil Rights has its way, more teachers like him will end up being fired even if they are acquitted by a jury of any wrongdoing.  It sent a letter to school officials on April 4 ordering them to lower the burden of proof they use when determining whether students or staff are guilty of sexual harassment or sexual assault.   According to the Department of Education’s demands, schools must find people guilty if there is a mere 51% chance that they are guilty – a so-called preponderance of the evidence standard.   So if an accused is found not guilty under a higher burden of proof – like the “beyond a reasonable doubt” standard that applies in criminal cases – the accused will still be subject to disciplinary action under the lower burden of proof dictated by the Education Department.

As Wendy Kaminer explains, the DoE would also like to strip the accused of their right to cross-examination:

Campus investigations and hearings involving harassment or rape charges are notoriously devoid of concern for the rights of students accused; “kangaroo courts” are common, and OCR ‘s letter seems unlikely to remedy them. Students accused of harassment should not be allowed to confront (or directly question) their accusers, according to OCR, because cross-examination of a complainant “may be traumatic or intimidating.” (Again, elevating the feelings of a complainant over the rights of an alleged perpetrator, who may have been falsely accused, reflects a presumption of guilt.) Students may be represented by counsel in disciplinary proceedings, at the discretion of the school, but counsel is not required, even when students risk being found guilty of sexual assaults (felonies pursuant to state penal laws) under permissive standards of proof used in civil cases, standards mandated by OCR.

Now, it is undoubtedly extraordinarily difficult for a rape victim to face her attacker, but lowering the standards under which someone is judged for that crime and not allowing the accused to question his accuser opens the door to using accusation as a weapon, just as in Lanigan’s case or that of the Duke lacrosse team.  Justice (what lawyers call “due process”) demands, among other things, that both accuser and accused have their day in court, and that there be a presumption of innocence.  It is no more just for an innocent person to be smeared and forever tarnished – if not convicted and imprisoned – than it is to let a guilty man go free.  Indeed, as Blackstone famously said, “Better that ten guilty persons escape than that one innocent suffer.” 

What’s more, as Foundation for Individual Rights in Education president Greg Lukianoff details, it’s not just accused rapists whose rights are prejudiced under the new OCR policy, but those who make bad jokes:

California State University–Monterey policies state that sexual harassment “may range from sexual innuendoes made at inappropriate times, perhaps in the guise of humor, to coerced sexual relations.” UC Berkeley lists “humor and jokes about sex in general that make someone feel uncomfortable” as harassment. Alabama State University lists “behavior that causes discomfort, embarrassment or emotional distress” in its harassment codes. Iowa State University states that harassment “can range from unwelcome sexual flirtations and inappropriate put-downs of individual persons or classes of people to serious physical abuses such as sexual assault.”

This disconnect between basic principles of free speech and due process creates what Lukianoff calls “a perfect storm for rights violations”:

By making it clear that OCR would be aggressively pursuing harassment claims, by mandating extensive changes to many universities’ due process protections, but not requiring universities to adopt a uniform standard for harassment, OCR has supercharged the power of existing campus speech codes. OCR could have done our nation’s colleges a favor if it required universities to adopt a uniform definition of harassment in the same breath as it required them to aggressively police it.

FIRE has done heroic work in protecting student rights, so you should really read all of Lukianoff’s indictment of the new policy. 

The Department of Education needs to rescind/clarify this mess.  Speech is not a crime, but even the rights of those accused of crimes should not be subordinated to misplaced compassion or political correctness.

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